§1301 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

It is a crime to knowingly bring into the United States, put with a carrier, or carry across state or national lines any paper, ticket, or other item that represents a lottery, prize giveaway, or similar scheme where winners are chosen by chance, including ads or lists of prizes. It is also a crime for a business that gets tickets for people in one state to knowingly send information across state or national lines to obtain tickets in another state, unless the states or their officials allow it. A person who knowingly handles or receives such items can be fined under federal law, jailed for up to two years, or both.

Title 18, §1301

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Whoever brings into the United States for the purpose of disposing of the same, or knowingly deposits with any express company or other common carrier for carriage, or carries in interstate or foreign commerce any paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any advertisement of, or list of the prizes drawn or awarded by means of, any such lottery, gift enterprise, or similar scheme; or, being engaged in the business of procuring for a person in 1 State such a ticket, chance, share, or interest in a lottery, gift,11 So in original. The comma probably should not appear. enterprise or similar scheme conducted by another State (unless that business is permitted under an agreement between the States in question or appropriate authorities of those States), knowingly transmits in interstate or foreign commerce information to be used for the purpose of procuring such a ticket, chance, share, or interest; or knowingly takes or receives any such paper, certificate, instrument, advertisement, or list so brought, deposited, or transported, shall be fined under this title or imprisoned not more than two years, or both.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 387 (Mar. 4, 1909, ch. 321, § 237, 35 Stat. 1136). Reference to persons causing or procuring was omitted as unnecessary in view of definition of “principal” in section 2 of this title. Words “in interstate or foreign commerce” were substituted for involved enumeration of places, thus permitting section to be condensed and simplified without change of meaning. See definitive section 10 of this title. The rewritten punishment provision is in lieu of the following: “for the first offense, be fined not more than $1,000 or imprisoned not more than two years, or both; and for any subsequent offense shall be imprisoned not more than two years”. There seems no point in fixing a punishment for a second offense less than that for the first offense. Minor changes were made in phraseology.

Editorial Notes

Amendments

1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000” and inserted “or, being engaged in the business of procuring for a person in 1 State such a ticket, chance, share, or interest in a lottery, gift, enterprise or similar scheme conducted by another State (unless that business is permitted under an agreement between the States in question or appropriate authorities of those States), knowingly transmits in interstate or foreign commerce information to be used for the purpose of procuring such a ticket, chance, share, or interest;” after “scheme;”.

Statutory Notes and Related Subsidiaries

Short Title

of 1988 Amendment Pub. L. 100–625, § 1, Nov. 7, 1988, 102 Stat. 3205, provided that: “This Act [amending section 1304 and 1307 of this title and section 3005 of Title 39, Postal Service, and enacting provisions set out as notes under section 1304 and 1307 of this title] may be cited as the ‘Charity Games Advertising Clarification Act of 1988’.”

§1301 Importing or Transporting Lottery Tickets